Mohan v Benjamin

• Jurisdiction: Trinidad & Tobago
• Court: Court of Appeal (Trinidad and Tobago)
• Judge: Rees, J.A.
• Judgment Date: 28 April 1976
• Neutral Citation: TT 1976 CA 27
• Docket Number: Mag. App. No. 20 of 1976
• Date: 28 April 1976

Court of Appeal

Hyatali, C.J.; Rees, J.A.

Mag. App. No. 20 of 1976

Mohan

and

Benjamin

Appearances:

T. Guerra for the appellant.

R. Noel for the respondent.

Criminal Law - Appeal against conviction — Burglary

Rees, J.A.

1 This appeal was dismissed with costs. We said then that we would give our reasons later. We do so now. On September 19, 1975 the appellant and Wayne Gonzales were convicted at a magistrate's court in Port-of-Spain, of breaking and entering the dwelling house of Samsoondar Ramcharan and, stealing therein money and articles amounting to $11,900.00. They were each sentenced to twelve months imprisonment. The appellant appealed against his conviction on the ground that he is not guilty. The only evidence adduced by the prosecution to prove its case against the appellant was a written statement signed by the appellant. It reads:

“On Thursday 29th May, 1975 about 2.00 p.m. I was old talking and drinking at Lucky Jordan Club at Prince Street, Port-of-Spain, when Wayne Gonzales came upstairs and he handed me a brown paper bag and he told me to hold that for him. I didn't ask Wayne what was in the bag but I opened the paper bag and saw a pan in it. I didn't open the pan the same time. Wayne then asked one to lend him $5.00 and I took out $5.00 from my pocket and gave it to Wayne. I kept the paper bag and the pan with me and some time after I left the Club and went to my home at Carenage where I took out the pan from the bag and saw it contained a quantity of $20.00 notes. I then hide away the paper bag and money, there was nothing else in the paper bag but the pan. On Friday 30th May, 1975, I went where Wayne was working but I didn't ask him where he got the money neither did Wayne told me where he got the money. On Monday 2nd June, 175 about 11.00 a.m. whilst at Diego Martin at the home Nugent Crichlow one of my brother's Oswald Mohan came and. -'call me that the police came home yesterday and early this morning asking for me. As a result I went to the Besson Street Police Station where I saw Corporal Bernard who told me that the police was looking for me in respect to a report made by Mr. Ramcharan on 29.5.75. I then told Sergeant Benjamin that I have some of the money at a friend's home at Diego Martin. I then took Sergeant Benjamin, Constable McHardy and St. Louis to the home of my friend Nugent Crichlow and took out the money from where I hide it and handed it over to Sergeant Benjamin who checked the money in my presence and found it to be $2,400.00 in cash made up of only $20.00 notes. I then told the police that I spend about $500.00 of the money between Friday 30th May and today Monday 2nd June, 1975. Wayne did not give me any silver grain. When Wayne gave me the paper bag I didn't know how much money was in the pan.”

2 The effect of that statement is that the appellant did not know what was in the pan when Wayne Gonzales gave it to him far safe-keeping but on discovering that it contained a quantity of $20.00 notes the appellant appropriated the money to his own use. It was said that in these circumstances a prima...